More details to this question:
I want to divorce my husband. We have been married nearly 3 years. There have been episodes of domestic abuse and he has moved out several times. We have a 21 month old daughter together and this is no environment for her to grow up in. We bought a house last August, a car in January, and we have some credit card debt (about $2000) along with our regular bills. My husband has chosen to work out of state, leaving my daughter and me for 7-9 months out of the year. I am glad he is gone. I no longer feel threatened or have to fight constantly. My daughter is adjusting to life without him and I feel we are better off. My main concern is her welfare. I would like to remain at our home, but do not know if I can afford it. I also don't know if I can even afford a divorce or if he will give me one.
8 ANSWERS
2 Awards
If you reside in Washington, which is a "no fault" divorce state, it's not up to him whether you get divorced or not, but he could contest the terms of the divorce. You have a complicated situation that demands competent and aggressive legal representation. Feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.
Answered on May 31st, 2011 at 10:13 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
He doesn't "give"you a divorce in Washington. If you want a divorce you will get one.He'll have to pay child support. You'll have to have an appropriate parenting plan and a fair and equitable division of your debts and property.
Answered on May 27th, 2011 at 12:15 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
You do not have to depend on whether your husband will "give" you a divorce. In Colo if you believe the marriage is irretrievably broken, there is nothing he can do to stop it. You need to find an attorney to at least consult with for an hour to get a better understanding of your options based on all the relevant information. If you and your husband cannot work out a suitable agreement, the divorce court will have to decide how to allocate the debts and property, establish a parenting plan for your daughter and establish child support obligations. The process starts with filing a petition to dissolve the marriage which you can do yourself, but you really should at least try to speak with an attorney.
Answered on May 27th, 2011 at 8:44 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Let's begin with the most important question: in every state you can get a divorce. Your husband does not have to "(G)ive it to you". As to the rest, sit down with a family law practitioner and discuss the issues you have outlined. Most will allow one meeting at no fee. And the many concerns you have are are based upon local law, which varies dramatically over the fifty states.
Answered on May 27th, 2011 at 8:43 AM
Family Attorney serving Seattle, WA
at
Seattle Divorce Services
Update Your Profile
Under Washington law you don't need your husband's consent to obtain a divorce. I would suggest you consult with an attorney in your area to find out more about what to expect. If you find that you cannot afford to have an attorney represent you, you might consider hiring an attorney to assist you in representing yourself, such as by preparing the paperwork for you. You might also want to contact your county bar association to see if there are any programs for helping you, such as a volunteer legal clinic.
Answered on May 27th, 2011 at 8:33 AM
Family Law Attorney serving Everett, WA
at
Burkhalter Law PLLC
Update Your Profile
In Washington State, you commence a divorce by filing a petition and other required legal pleadings together with a filing fee. In your case, it appears temporary restraining orders may be appropriate. I would be happy to help.
Answered on May 26th, 2011 at 11:50 AM
You should be able to get a divorce on grounds of cruel and inhuman treatment or no-fault in NY. He does not need to "give you one". Without knowing your particulars, whether you can afford your current standard of living post divorce is unknown.
Answered on May 26th, 2011 at 9:56 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
To obtain a divorce, the first step is to file a Petition For Dissolution of Marriage. In California, you don't need his consent to terminate your marriage. As for the home, it is impossible for me to say if you can keep the home without looking into your finances. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on May 26th, 2011 at 9:55 AM